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498 A fighter (Advocate)     22 May 2013

Time to fram the charge

How much time did lower court JFMC  can take to frame the charge in dowry case after police file chargesheet?

how much time is there legally for this?



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 12 Replies

Shantanu Wavhal (Worker)     22 May 2013

no fixed time frame.

depends upon facts - circumstances of each case.

Never Give Up (Fighter)     22 May 2013

It is mere formality.

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2013

There is no time for that, it depends on the court.

Never Give Up (Fighter)     22 May 2013

It is mere formality where in accuse says i am  not guilty and trial starts.

satya prakash (Clerk)     23 May 2013

Is there any Time Limit for Police to close the 498a & file chargesheet? or they can take years also?

I heard once 498a application is given by wife Police need to create chargesheet or their finding within 3 months.

Shantanu Wavhal (Worker)     23 May 2013

within 3 months ... only if accused is in custody - otherwise no fixed time limit.

1 Like

498 A fighter (Advocate)     23 May 2013

this query arise because in one case charge sheet filed in court in aug 09 but ouar lazy court not dare to discharge it or go for charge till now?

so here either accused get harrased by attending dates or enjoy  in otherway victim / applicant is not getting justice, Is this justice if they are getting the salary in lacks then why they need so long time in simple case also?

Never Give Up (Fighter)     23 May 2013

Depends on whether summons have been served to accuse. Also availability of judges.

 

Accuse's lawyer has to press for actions when there is no action from judge.

498 A fighter (Advocate)     24 May 2013

Originally posted by : Never Give Up


Depends on whether summons have been served to accuse.

NO summons issued till now

Also availability of judges.

judge is available but saying that she had not read file as file is too large she is just passing time,

Accuse's lawyer has to press for actions when there is no action from judge.

lawyer says if we press they she will give any irrelevant order of dismiss application and we cant do anything we go for appeal but there also wastage of time and same scenioro

Never Give Up (Fighter)     24 May 2013

Ask your lawyer to get summons issued. He should be able to do this.

 

It appears you filed discharge application, thats the problem. I believe if we go via normal trial route it would have taken same time.

 


God forbids but if discharge application is rejected then you are back to square one. You have to go through trial, so so much time is wasted.

 

Better to go through the Trial is the suggestion given by my lawyer.

498 A fighter (Advocate)     24 May 2013

yes sir you are correct but in my case we had all the ground of discharge and even to withdraw under sec 321 as we have the proof of malicious prosecution by Investigation officer and this report is given by add SP and SP and we got those documents moreover from collector also we got the letter of withdrawl that why we are waiting for disscharge / withdreaw.

Shantanu Wavhal (Worker)     24 May 2013

after filing CS, if the accused gets present before court, then there is no need to issue summons


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